eSignature Legality Guide

None.

French law, together with eIDAS, governs the use and definitions of electronic signatures.

Article 1367 of the French Civil Code describes both handwritten and electronic signatures as follows:

• A signature required for a legal act must identify its author and indicate their agreement to the obligations arising from the act. If a public officer affixes the signature, it authenticates the act.
• An electronic signature involves a reliable identification process that ensures its connection to the relevant act. This process is presumed reliable, unless proven otherwise, if the electronic signature is created, the signatory’s identity is verified, and the document’s integrity is maintained, as specified by Decree.

eIDAS distinguishes between three categories of electronic signatures: a basic “electronic signature,” an “advanced electronic signature” (AES), and a “qualified electronic signature” (QES).

A basic “electronic signature” refers to data in electronic form that is attached to or logically associated with other electronic data and used by the signatory to sign (Article 3.10 eIDAS).

An “advanced electronic signature” is an electronic signature that fulfills additional requirements to provide a higher level of security and trust.

A “qualified electronic signature” (sometimes called a “digital” signature) is an advanced electronic signature created using a qualified electronic signature creation device and based on a qualified digital certificate for electronic signatures (Article 3.12 eIDAS). The certificate must be issued by a trust service provider listed as qualified by an EU member state, and the signature creation device must be certified by an EU member state. Only a “qualified electronic signature” has the same legal standing as a handwritten signature in EU member states (Article 25.2 eIDAS).

In general, French contract law does not require contracts to be in writing or signed; agreements can be made orally, by conduct, or by any other means that show the parties’ intent. However, some contracts must be in writing to be valid. When no specific form is mandated, any electronic signature may be used as long as it is considered “reliable.”

To be considered reliable under the French Civil Code, the signature must comply with Articles 1366 and 1367, which require that:

• The signature is uniquely linked to and reliably identifies the person from whom it originates; and
• The signed document is stored in a way that preserves its integrity.

A particular form, especially a written one, is only necessary if specifically required by law or by a prior agreement between the parties.

Neither eIDAS nor French law generally differentiates between the use of electronic signatures by individuals, businesses, or government bodies. The choice between a basic, advanced, or qualified electronic signature typically depends on the importance and sensitivity of the document or agreement. In practice, advanced electronic signatures are often required for government-related matters.

Certain administrative acts in France require an advanced or qualified electronic signature, such as:

• Public procurement contracts;
• Medical records, including health data; and
• Decisions issued by judicial and commercial courts

Qualified electronic signatures are mandatory for some agreements in regulated professions, such as those involving notaries, lawyers, banks, and bailiffs, or where the evidentiary value of the signature is especially important.

According to eIDAS, only a qualified electronic signature is legally equivalent to a handwritten signature. Other types of electronic signatures are protected by a non-discrimination rule, meaning their legal effect and admissibility as evidence cannot be denied solely because they are electronic or do not meet the requirements for a qualified electronic signature.